2017-073 DEP AGREEMENT NO. LW651
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
DEVELOPMENT OF LAND FOR PUBLIC RECREATION PURPOSES
AGREEMENT FOR FISCAL YEAR 2016-2017
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.) between the
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department"), and the
CITY OF CLERMONT,whose address is 685 W.Montrose Street,Clermont,Florida, 34711 (hereinafter referred
to as "Grantee"), a local governmental entity, to provide financial assistance in furtherance of an approved public
outdoor recreation project known as West Lake Wetlands, Project Number LW651 (hereinafter referred to as the
"Project"). Collectively,the Department and the Grantee shall be referred to as"Parties"or individually as a"Party".
For purposes of this Agreement,the terms"Grantee"and"Recipient"may be used interchangeably.
WHEREAS,the Department is authorized to administer the Land and Water Conservation Fund(LWCF)
State Assistance Program,pursuant to the Land and Water Conservation Fund Act of 1965,as amended;Public Law
88-578,Title 54,U.S.C.Chapter 2003 and Section 375.021(4),F.S.;and,
WHEREAS,the Department received federal financial assistance through the Land and Water Conservation
Fund Project Agreement No. 12-00651 from the United States Department of the Interior, National Park Service
(hereinafter referred to as "USDOI" or"NPS") for the purposes of administering LWCF funds for public outdoor
recreation projects;and,
WHEREAS, pursuant to subsections 62D-5.069(16) and 62D-5.070(4), Florida Administrative Code
(F.A.C.),the Grantee,as an approved applicant following a competitive evaluation of eligible program applications,
has been determined to be a subrecipient of the LWCF federal funds being administered and monitored by the
Department. Thus, the Grantee and Department are additionally responsible for complying with the appropriate
federal guidelines in performance of the Project activities pursuant to this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to Section
375.021(4),F.S.and Rules 62D-5.068 through 62D-5.074,F.A.C.as may be amended from time to time,the Parties
hereto agree as follows:
1. TERMS OF AGREEMENT:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, additionally described in Attachment A, Project Work Plan, including all attachments,
guidelines, forms, and exhibits named herein, which are attached hereto and/or incorporated by reference.
The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,state or local
permit will be issued for a particular activity to complete the Project.Further,the Grantee agrees to ensure
that all necessary permits are obtained prior to implementation of any Project Work Plan activity that may
fall under applicable federal,state or local laws.
Administrative Forms,Reimbursement Forms and guidelines referenced in this Agreement may be found at
either of the following websites: http://dep.state.fl.us/lands/Land and Recreation/Land Recreation.htm,
http://www.dep.state.fl.us/gwt/grants/,or by contacting the Department's Grant Manager,listed in paragraph
19 of this Agreement.
Prior to commencement of Project, the Grantee shall submit, to the Department for approval, all
documentation and completion of responsibilities listed on Attachment B, Commencement
Documentation Checklist, DRP-122, available online and incorporated herein by reference. Upon
satisfactory approval by the Department, the Department will issue written "Notice to Commence" to the
Grantee. Unless and until the Department issues the "Notice to Commence" authorizing Grantee to
DEP Agreement No.:LW651,Page 1 of 21
LWCF FY16-17
commence the Project,the Department shall not be obligated to pay or reimburse Grantee for fees,costs,or
general expenses of any kind, which were incurred prior to the"Notice to Commence", except for eligible
Pre-Agreement Expenses as more fully described in Subsection 62D-5.069(31),F.A.C.
Project site facilities shall be attractive for public use, and generally consistent and compatible with the
environment.Plans and specifications for Project site improvements and facilities shall be in accordance with
current and established engineering and architectural standards and practices. Emphasis should be given to
the health and safety of users, accessibility to the general public, and the protection of the recreational and
natural values of the area. Any conceptual site plan may be altered by the Grantee,only after written approval
by the Department. Any and all utility lines installed within the site shall be placed underground.
The Grantee shall have any final site plans(site,engineering,and architectural)prepared for the proper and
full completion of the Project, sealed by a registered architect or engineer licensed in accordance with the
laws of the State of Florida(collectively the"Project Plans"), and shall deliver a complete original, signed
and sealed,set of the Project Plans to the Department as a condition of and prior to commencement of any
Development.
Pursuant to the LWCF Act and general requirements of the LWCF Program, land owned by the Grantee,
which is developed or acquired with LWCF funds,shall be dedicated in perpetuity as an outdoor recreation
site for the use and benefit of the public in accordance with Rule 62D-5.074,F.A.C. Land which is leased
from the federal government or another public agency by Grantee, must include safeguards to ensure the
perpetual use requirement contained in the LWCF Act.
Safeguards include such things as joint sponsorship of the Project or an agreement between the Parties that
the lessor would assume compliance responsibility for the Project site in the event of default by the lessee
(Grantee) or termination or expiration of the lease. Execution of this Agreement by the Department
constitutes an acceptance of a Project site(s)dedication on behalf of the public of the State of Florida.These
dedications must be recorded in the county's public property records by the Grantee in accordance with
Subsection 62D-5.074(1),F.A.C. The Project site(s)shall be open at reasonable times and shall be managed
in a safe and attractive manner. Facilities shall be kept in reasonable repair for a minimum of twenty-five
(25)years from the date set forth on the Project Completion Certificate to prevent undue deterioration.This
Agreement is not transferable.
2. PERIOD OF AGREEMENT:
This Agreement shall be effective upon execution by both Parties and remain in effect for a period of three
(3) years from the effective date of this Agreement, inclusive. At the written request of the Grantee, the
Department may extend this period for good cause such as financial hardship,public controversy, material
shortage,unexpected weather conditions,or other major factors beyond the Grantee's control.The Grantee
shall be entitled to reimbursement of eligible Pre-Agreement Expenses for expenses incurred on or after
October 1,2016,until the effective date of full execution of this Agreement.
3. FUNDING/CONSIDERATION/INVOICING:
The Grantee shall be eligible for authorized reimbursement,in whole or in part,for cost(s)pursuant to LWCF
guidelines regarding Department-approved Pre-Agreement Expenses,through the Project completion date of
this Agreement,provided that the cost(s)meet all requirements and financial reporting of the LWCF Program
and, rules and regulations applicable to expenditures of federal and state funds, hereby adopted and
incorporated by reference.
A. As consideration for satisfactory performance for the approved Project(s)rendered by the Grantee
under LWCF guidelines and terms of this Agreement,the Department shall pay the Grantee on a
reimbursement basis up to a maximum of$200,000.00 towards the total estimated approved Project
cost of$400,000.00. The Parties understand and agree that this Agreement requires at least a fifty
percent (50%) match from the Grantee towards the work funded under this Agreement. It is
understood that any additional funds necessary for the completion of this Project are the
DEP Agreement No.:LW651,Page 2 of 21
LWCF_FYI6-17
responsibility of the Grantee. It is further understood that grant funds may be revised by the
Department due to the availability of LWCF Program funds. Grant awards are contingent upon
appropriation by the USDOI,NPS and/or the Florida Legislature.
All match shall meet the federal requirements established in 2 CFR§200.306 and other federal
statutory requirements,as applicable.
Grantee acknowledges and agrees to provide eligible match types as set forth in the Manual. Grantee
acknowledges and agrees to the requirements not to provide ineligible match sources,which includes real
property acquired or funds obtained from any of the following sources:
i. Florida Recreation Development Assistance Program (FRDAP), Recreation Trails
Program(RTP),and Land and Water Conservation Fund(LWCF);and
ii. Donated value of real property acquired prior to Department approval or through Land and
Water Conservation Fund;and
iii. Other state or federal grant or land acquisition programs such as:legislative special interest
projects, Save Our Coast Program, Preservation 2000,Florida Forever, Conservation and
Recreation Lands Program,Save Our Rivers Program,and Land Acquisition Trust Fund.
Real property donated as all or part of the Grantee's required match, must be appraised prior to
commencement of the Project. Pursuant to subsection 62D-5.071(9),F.A.C.,the Grantee shall submit,to the
Department, an appraisal(s) obtained at its own expense, prepared in accordance with uniform appraisal
standards for federal land acquisitions, which establishes the fair market value of the Project site. Property
appraised at $500,000 or less requires one (1) appraisal. Property exceeding $500,00 in appraised value
requires a second appraisal. The appraisal(s)shall be dated no earlier than six(6)months prior to the closing
date of the LWCF application submission period and prepared by an appraiser on the list of approved
appraisers maintained by the Department's Division of State Lands under provisions of Sections
253.025(6)(b),259.041(7)(c),F.S.,and Rule 18-1.007,F.A.C.Project cost is based on the purchase price or
appraised value,whichever is lower;if two(2)appraisals are required,the lower of the purchase price or the
approved appraised value is the basis of the Project cost. Appraisal costs shall not be reimbursed under the
terms and conditions of this Agreement.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement for all approved Projects.
i. A Change Order to this Agreement may be used when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories,as defined in Paragraph 3.F.,are less than ten percent
(10%) of the total budget as last approved by the Department. All Change Orders are
subject to the mutual agreement of both Parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount; a change in the
Grantee's match requirements; a change in the expiration date of the Agreement; and/or,
changes to the cumulative amount of funding transfers between approved budget
categories,as defined in Paragraph 3.F.,exceeds or is expected to exceed ten percent(10%)
of the total budget as last approved by the Department.All Amendments are subject to the
mutual agreement of both Parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs upon
the completion, submittal and approval of each Deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment C,
Payment Request Summary Form, DRP-115, available online and incorporated herein by
reference. To be eligible for reimbursement, costs must be in compliance with laws, rules and
DEP Agreement No.: LW651,Page 3 of 21
LWCF FY16-17
regulations applicable to expenditures of state funds, including, but not limited to, the Reference
Guide for State Expenditures, which can be accessed at the following web address:
http://www.myfloridacfo.com/aadir/reference guide/. All invoices for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A
final payment request should be submitted to the Department within sixty (60) calendar days
following the completion date of the Agreement,to assure the availability of funds for payment. All
work performed and all allowable match-related expenses incurred pursuant to Attachment A must
be performed and/or incurred on or before the completion date of the Agreement,and be conducted
in accordance with the LWCF guidelines. The final payment will not be processed until the match
requirement has been met.
D. Project Costs,Pre-Agreement Expenses and Cost Limits:
i. Project Costs shall be reimbursed as provided for pursuant to paragraph 62D-5.073(2)(a),
F.A.C., and as provided herein. Project costs, except for Pre-Agreement Expenses, shall
be incurred between the effective date of the Agreement,and the Project completion date
as set forth in the Project Completion Certification determined and identified herein. If the
total cost of the Project exceeds the grant amount and the required match(if applicable),
Grantee must pay the excess cost.
ii. Pre-Agreement Expenses,pursuant to Subsection 62D-5.069(31),F.A.C.,means expenses
incurred by a Grantee,with Department approval,for accomplishment of an eligible LWCF
project prior to full execution of a project agreement. Parties hereby acknowledge and
agree, Grantee is entitled to submit for cost-reimbursement eligible Pre-Agreement
Expenses,which are expenses Grantee incurred for the accomplishment of the Project prior
to full execution of this Agreement.
iii. Cost Limits,pursuant to paragraph 62D-5.073(2)(b), F.A.C., allows for project planning
expenses for Development projects,such as architectural and engineering costs,permitting
fees,and project inspection fees, as eligible Project costs provided that such costs do not
exceed fifteen percent(15%)of the Project cost. Such costs shall only be incurred between
the effective date of,and the Project completion date as identified in this Agreement.
E. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment D,Contract Payment Requirements. The Payment Request Summary Form,
Attachment C, shall be accompanied by supporting documentation and other requirements as
follows for each deliverable.Reimbursement shall be limited to the following budget categories:
i. Salaries/Wages (Grantee Labor)—The Grantee may be reimbursed for direct salaries or
multipliers(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates)
for Grantee's employees,as listed on the Grantee's approved Cost Analysis to be submitted
pursuant to Attachment A,Project Work Plan,Task 1.
ii. Overhead/Indirect/General and Administrative Costs — All multipliers used (i.e., fringe
benefits,overhead,indirect,and/or general and administrative rates)shall be supported by
audit. If the Department determines that multipliers charged by the Grantee exceeded the
rates supported by audit, the Grantee shall be required to reimburse such funds to the
Department within thirty (30) calendar days of written notification. Interest on the
excessive charges shall be calculated based on the prevailing rate used by the State Board
of Administration.
a. Fringe Benefits(Employee Benefits)—Shall be calculated at the rate up to 40%
of direct salaries.
b. Indirect Cost—Shall be calculated at the rate of 15%of direct cost.
DEP Agreement No.:LW651,Page 4 of 21
LWCF FY16-17
iii. Contractual Services (Subcontractors) — Reimbursement requests for _payments to
subcontractors must be substantiated by copies of invoices with backup documentation
identical to that required from the Grantee. Subcontracts which involve payments for direct
salaries shall clearly ideritify.the personnel involved,salary rate per hour,and hours spent
on the Project.-All multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general
and administrative rates)shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor'exceeded the rates supported by audit, the
Grantee shall be required toreimburse such funds to the Department within thirty (30)
calendar days of written notification.. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Nonexpendable
and/or'nonconsumable personal property or equipment costing,$1,000 or more purchased
for the purposes of completing the Project under a subcontract is subject to the
requirements set forth in Chapters 273 and/or 274, F.S., and Chapters 691-72, F.A.C.,
and/or 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining
appropriateproperty records for any subcontracts that includethe purchase of equipment
as part of thedelivery of services.'The Grantee shall comply with this requirement and
ensure its subcontracts issued under this Agreement, if any, impose this requirement, in
writing,on its subcontractors.
For fixed-price(vendor)subcontracts,the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed-price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed-price.subcontracted activities shall
be supported with a copy of the subcontractor's.invoice and a copy of the
tabulation form for the competitive procurement process(i.e.,Invitation to Bid or
Request for Proposals)resulting in the fixed-price subcontract.
b. The Grantee may request approval from the Department to award a fixed-price
subcontract resultingfrom procurement methods other than those identified
herein. In this instance,the Grantee shall request the advance written approval
from the,Department's Grant Manager of the fixed price negotiated by the
Grantee. The letter of request shall be supported by a`detailed budget and scope
of services to be performed by the subcontractor.Upon receipt of the Department
Grant Manager's approval of the fixed-price amount,the Grantee may proceed in
finalizing the-fixed-price subcontract.
c. All subcontracts are subject to the provisions of Paragraph 13 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
iv. Rental/Lease of Equipment— Reimbursement requestsfor the rental/lease of equipment
must include copies of invoices or receipts to document charges.
v. Equipment-(Capital outlay costing$1,000 or more)—Reimbursement for the Grantee's
direct purchase of equipment is governed'by Paragraph 23 of this Agreement.
vi. Travel The Grantee will not be reimbursed for travel expenses under the terms and
conditions of this Agreement.
vii. Miscellaneous/Other Expenses — Direct purchases, for example materials, supplies,
Grantee stock, non-excluded phone expenses, reproduction, mailing, and other expenses
must be documented by itemizing and including copies of receipts or invoices.
Additionally, independent of the Grantee's contract obligations to its subcontractor, the
Department shall not reimburse any of the following types of charges: cell phone usage,
DEP Agreement No.:LW65 1,Page 5 of 21
LWCF FY16-17
attorney's fees, civil or administrative penalties, or handling fees, such as set percent
overages associated with purchasing supplies or equipment.
F. In addition to the invoicing requirements contained herein,the Department will periodically request
proof of a transaction(invoice,payroll register,etc.)to evaluate the appropriateness of costs to the
Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as
appropriate.This information,when requested,must be provided within thirty(30)calendar days of
such request. The Grantee may also be required to submit a cost allocation plan to the Department
in support of its multipliers(overhead, indirect, general administrative costs, and fringe benefits).
State guidelines for allowable costs can be found in the Department of Financial Services'Reference
Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference guide/, and
allowable costs and uniform administrative requirements for federal programs can be found under
2 CFR 200 and 2 CFR 1402,at http://www.ecfr.gov.
G. For the purchase of goods or services costing more than$2,500 and less than$35,000 the Grantee
shall obtain at least two(2)written quotes. For any purchase over$35,000 and less than the current
federal simplified acquisition threshold,as set forth in the Federal Acquisition Regulations,48 CFR
§2.101,the Grantee shall follow its own documented procurement methods,available upon request,
to ensure a reasonable and fair price in accordance with 2 CFR§200.320 and the intent of 287.057,
F.S.The purchase of goods or services costing more than the current federal simplified acquisition
threshold must be conducted in accordance with 2 CFR§200.320(c)-(f).
H. Pursuant to 2 CFR§ 200.322,any State agency or agency of a political subdivision of a State and
its contractors must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR Part 247
that contain the highest percentage of recovered materials practicable,consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines.
I. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement,the following cost principles are
incorporated by reference.
Organization Type Applicable Cost Principles
State,local or Indian tribal government. 2 CFR Part 200 Uniform Administrative
Requirements,Costs,Principals and Audit
Requirements for Federal Awards
Private non-profit organization other than an (1) 2 CFR Part 200 Uniform Administrative
institution of higher education, (2) hospital, or(3) Requirements,Costs,Principals and Audit
organization named in 2 CFR Part 200, Appendix Requirements for Federal Awards
VIII.
Education Institutions 2 CFR Part 200 Uniform Administrative
Requirements,Costs,Principals and Audit
Requirements for Federal Awards
For-profit organization other than a(1)hospital or 48 CFR Part 31, Contract Cost Principles
(2)education institute. and Procedures
Hospital 2 CFR 200 and 45 CFR Part 75
J. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program-by-program or a
DEP Agreement No.:LW651,Page 6 of 21
LWCF_FYI6-17
project-by-project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement,the Grantee,or subrecipient,shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled,the Department shall have
the right to demand a refund,either in whole or in part,of the funds provided to the Grantee
under this Agreement for non-compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the Department.
Interest on any refund shall be calculated based on the prevailing rate used by the State
Board of Administration. Interest shall be calculated from the date(s) the original
payment(s)is received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs,incurred under this Agreement and reimbursed
by the Department,from another source(s),the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
K. Because of the federal funds awarded under this Agreement, the Grantee must comply with The
Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the
FFATA is to empower every American with the ability to hold the government accountable for each
spending decision. The end result is to reduce wasteful spending in the government. The FFATA
legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov. Grant Recipients awarded a new Federal grant greater than or equal to
$25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to
provide the information necessary, over the life of this Agreement, for the Department to comply
with this requirement
4. ANNUAL APPROPRIATION:
The State of Florida, by and through the Department's performance and obligation to pay under this
Agreement,is contingent upon an annual appropriation by Florida Legislature and the availability of funding
and grants from the USDOI,NPS. The Parties hereto understand that this Agreement is not a commitment
of future appropriations. Authorization for continuation and completion of work and payment(s)associated
therewith may be rescinded with proper notice at the discretion of the Department if USDOI,NPS and/or
Florida Legislative appropriations are reduced or eliminated.
5. REPORTS:
A. The Grantee shall utilize Attachment E, Project Status Report, DRP-109, available online and
incorporated herein by reference, to describe the work performed during the reporting period,
problems encountered, problem resolution, schedule updates and proposed work for the next
reporting period. The Project Status Reports shall be submitted to the Department's Grant Manager
no later than twenty(20)calendar days following the completion of the reporting period. It is hereby
understood and agreed by the Parties that the term "reporting period" shall reflect the reporting
period ending May 5, September 5 and January 5. The Department's Grant Manager shall have
thirty(30)calendar days to review the required reports and deliverables submitted by the Grantee.
The Final Project Report shall be submitted no later than the completion date of the Agreement.
The Department's Grant Manager shall have thirty(30)calendar days to review the required reports
and deliverables submitted by the Grantee.
DEP Agreement No.:LW651,Page 7 of 21
LWCF FY16-17
B. Additionally,the Grantee shall comply with the reporting and inventory requirements set forth in
the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online:
http://www.dep.state.fl.us/parks/outdoor/scorp.htm and hereby incorporated by reference, by
updating the Florida Outdoor Recreation Inventory (FORI) system
(http://www.dep.state.fl.0 s/parks/o utdoor/rec i nventory.htm).
C. If the direct and/or indirect purchase of equipment is authorized under paragraph 23 of this
Agreement,then the Grantee shall comply with the property management requirements set forth in
2 CFR§200.313. An inventory of all personal property/equipment purchased under this Agreement
shall be completed at least once every two (2) years and submitted to the Department's Grant
Manager no later than January 3151 for each year this Agreement is in effect.A final inventory report
shall be submitted to the Department at the end of the Agreement.
6. RETAINAGE:
The Department shall retain ten percent(10%)of the grant award until the Grantee completes the Project and
the Department approves the completion documentation, pursuant to LWCF requirements and additionally
set forth in paragraph 62D-5.073(2)(c)and subparagraph 62D-5.073(7)(e)2.,F.A.C.
The Department may perform an on-site inspection of the Project site to ensure compliance with the Project
Agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior
to disbursement of final payment.
7. PROJECT COMPLETION CERTIFICATION:
Project completion means the Project is open and available for use by the public. In order to certify
completion,the Grantee shall submit to the Department Attachment F,Project Completion Certification,
DRP-125,available online and incorporated herein by reference.The Project must be designated complete
prior to release of final reimbursement.
8. INDEMNIFICATION:
Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign
immunity or the provisions of Section 768.28,F.S. Further,nothing herein shall be construed as consent by
a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of
any contract or this Agreement.
9. DEFAULT/TERMINATION/FORCE MAJEURE:
A. In accordance with 2 CFR§200.340,in the event that the Agreement is terminated prior to the end
of the period of performance due to the Grantee's or subcontractor's material failure to comply with
Federal statutes,regulations or the terms and conditions of this Agreement or the Federal award,the
termination shall be reported to the Office of Management and Budget(OMB)-designated integrity
and performance system,accessible through System for Award Management(SAM)currently the
Federal Awardee Performance and Integrity Information System (FAPIIS). The Recipient will
notify the Grantee of the termination and the Federal requirement to report the termination in
FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Grantee's rights upon
termination and following termination.
B. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect,or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to termination, the Department shall provide thirty (30) calendar days' written
DEP Agreement No.:LW651,Page 8 of 21
LWCF_FYI6-17
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s)for termination.
C. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30)calendar days'written notice.If the Department terminates the Agreement for convenience,the
Department shall notify the Grantee of such termination,with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the
Agreement is terminated before performance is completed,the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven(7)calendar days,the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the Parties agree that the
delay or anticipated delay was caused,or will be caused by a force majeure,the Department may,
at its discretion,extend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an Amendment to this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God,strike,lockout,or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause,whether of the kind specifically enumerated herein or otherwise,that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s)or subcontractor(s)shall not constitute a force majeure event.
10. REMEDIES/FINANCIAL CONSEQUENCES:
A. No payment will be made for fees,costs,general expenses of any kind and any other costs associated
with Deliverables completed or incurred prior to Grantee receiving a Department issued"Notice to
Commence". No payment will be made for Deliverables deemed unsatisfactory by the Department.
In the event that a Deliverable is deemed unsatisfactory by the Department, the Grantee shall re-
perform the services needed for submittal of a satisfactory deliverable,at no additional cost to the
Department,within ten (10)calendar days of being notified of the unsatisfactory deliverable. If a
satisfactory deliverable is not submitted within the specified timeframe,the Department may,in its
sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department
Grant Manager may,by letter specifying the failure of performance under this Agreement,request
that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to the Department. All
CAPs must be able to be implemented and performed in no more than sixty(60)calendar days.
i. A CAP shall be submitted within ten (10) calendar days of the date of the letter request
from the Department.The CAP shall be sent to the Department Grant Manager for review
and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall
notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is
not accepted,the Grantee shall have ten(10)calendar days from receipt of the Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the
Department approval of a CAP as specified above shall result in the Department's
termination of this Agreement for cause as authorized in this Agreement.
ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have
ten(10)calendar days to commence implementation of the accepted plan. Acceptance of
the proposed CAP by the Department does not relieve the Grantee of any of its obligations
under the Agreement. In the event the CAP fails to correct or eliminate performance
deficiencies by Grantee, the Department shall retain the right to require additional or
further remedial steps,or to terminate this Agreement for failure to perform. No actions
DEP Agreement No.:LW651,Page 9 of 21
LWCF FY16-17
approved,by the Department or steps taken by the Grantee shall preclude the Department
from subsequently asserting any deficiencies in performance. The Grantee shall continue
to implement the.CAP until all deficiencies are corrected. Reports on the progress of the
CAP will be made to the Department as requested by the Department Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in
the performance of the Agreement as specified by the Department may result in termination
of the Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise
other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement.
B. If the Grantee materially fails to comply with the terms and conditions of this Agreement,including
any federal or state statutes;'rules or regulations,applicable to this Agreement,the Department may
take one or more of the following actions,as appropriate for the circumstances.
i. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
ii. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part
of the cost of the activity or action not in compliance.
iii. Wholly or partly suspend or terminate this Agreement.
iv. Withhold further awards for the project or program.
v. Take other remedies that may be legally available.
vi. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension
or after termination of the Agreement are not allowable unless the Department expressly
authorizes them in the notice of suspension or.termination. Other Grantee costs during
suspension or after termination which are necessary and not reasonably avoidable are
allowable if the following apply.
a. The costs result from obligations which were properly incurred by the recipient
before the effective date of suspension or termination,are not in anticipation of it,
and in the case of termination,are noncancelable,and;
b. The cost would be allowable if the Agreement were not suspended or expired
normally at the end of the funding period in which the termination takes place.
The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under'Presidential Executive Orders 12549 and 12689.
C. If the Grantee,rnaterially fails to comply with the termsstated in this Agreement or with any
provisions of Chapter 62D-5,F.A.C.,the.Department shall terminate this Agreement and demand
return of the LWCF Program funds and any equipment purchased with grant funds that has not been
properly disposed of in accordance with the federal property'management requirements set forth in
2 CFR Part 200, Subpart D (§§'200.310 through 200.316). Furthermore; the Department shall
declare the Grantee ineligible for further participation in LWCF until such time as compliance has
been obtained pursuant to Subsection'62D-5.074(4),F.A.C.
11. RECORD KEEPING/AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States Generally Accepted Accounting Principles(U.S.
G.A.A.P.) consistently applied. The Secretary of the Interior, the DOI Office of the Inspector
DEP Agreement No.: LW651,Page 10 of 21
LWCF FY I6-17
General,the Comptroller General of the United States,the National Park Service,the Department,
the State, or their authorized representatives shall have access to such records for audit purposes
during the term of this Agreement and for five(5)years following Agreement completion. In the
event any work is subcontracted,the Grantee shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit commences before the expiration of the
record retention period established above,the records shall be retained until all litigation,claims or
audit findings involving the records have been resolved and final action taken.
C. Records for real property and equipmentacquired with Federal funds shall be retained for five(5)
years following final disposition.
D. The.Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector•General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant,if any,
impose this requirement,in writing,on its subcontractors.
E. The rights of access in this paragraph are not limited to the required retention period but last as long
as the records are retained.
12. SPECIAL AUDIT REQUIREMENTS:
A. In addition to the requirements of the preceding Paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment G,Special Audit Requirements, attached hereto
and made a part hereof. Exhibit l to Attachment'G summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment G. A revised copy of Exhibit l must be provided to the Grantee for each Amendment
which authorizesa funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit l;the Grantee shall notify.the Department's Grant Manager listed in Paragraph 19 to request
a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance(federal and/or state)identified in Attachment G,Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under 2 CFR§200.330 for determining whether the relationship represents that
of a subrecipient or vendor: For state financial assistance,the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs.'Vendor Determination" (form
number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following
website:
https://apps.fldfs.com/fsaa/
C. The Grantee should confer with its chief financial officer,audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
13. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager,except for certain fixed-price subcontracts pursuant to Paragraph 3.F.
of this Agreement,which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department within ten (10) calendar days after execution of the subcontract.
Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed
under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements
included in any subcontract and agrees to be responsible for the payment of all monies due under
DEP Agreement No.:LW651,Page 11 of 21
LWCF FY16-17
any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable
to any subcontractor for any expenses or liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. Any/all subcontractor(s)awarded contracts for construction of facilities under this Agreement must
be bonded and insured.
C. The Grantee agrees to comply with the procurement requirements contained in 2 CFR § 200.317
through 2 CFR§:200:326 for its selection of subcontractors,with the exception of the procurement
thresholds,which are provided in paragraph 3.H.of this Agreement.
D. The Grantee and/or the subcontractor shall not sub-grant or sub-contract any part of the approved
project to any agency or employee of the U.S. Department of Interior(DOI)and/or other Federal
department,agency,or instrumentality without the Department's prior written approval.
E. The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this Agreement embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority
owned firms that could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at(850)487-0915.
F. In accordance with 2 CFR § 200.321, the Grantee and its subcontractors must take all necessary
affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus
areas firms are used when possible. The DOI encourages non-federal entities to utilize small
businesses, minority business enterprises and women's business enterprises in contracts under
financial assistance awards: The Grantee and its subcontractors may use the services and assistance,
as appropriate,of suchorganization as the Small Business Administration.(https://www.sba.gov)
and.the Minority Business Development Agency (MBDA) within the Department of Commerce
(http://www.mbda.gov).
14. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which
fifty percent(50%)or more of the cost will be paid from state-appropriated funds which have been
appropriated at the time of the competitive solicitation,a state college,county,municipality,school
district,or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;or
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction;or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph 14.A., above, a state college,
county,municipality,school district,or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph 14.A.
DEP Agreement No.:LW651,Page 12 of 21
LWCF FY16-17
15. SIGNAGE:
Grantee must erect a permanent information sign on the Project site which credits funding or a portion
thereof,to the Florida Department of Environmental Protection and the Land and Water Conservation Fund
Program. Use of the LWCF Logo on the permanent Project signs is required. Grantee is encouraged to
position signage acknowledging LWCF assistance, at entrances to outdoor recreation sites, at other
appropriate on-site locations,and in folders and park literature. The acknowledgement of LWCF assistance
will be checked during compliance inspections. The sign must be installed on the Project site and approved
by the Department before the final Project reimbursement request is processed. The required LWCF Logo,
LWCF Terms of Use and sample sign are available online: http://www.dep.state.fl.us/Parks/OIRS.
16. LOBBYING PROHIBITION:
The Grantee agrees to comply with,and include in subcontracts and subgrants,the following provisions:
A. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. § 1601 et seq.), prohibits any
organization described in Section 501(c)(4)of the Internal Revenue Code, from receiving federal
funds through an award, grant(and/or subgrant)or loan unless such organization warrants that it
does not,and will not engage in lobbying activities prohibited by the Act as a special condition of
such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
B. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Grantee,to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan,or cooperative agreement.
C. The Grantee certifies that no funds provided under this Agreement have been used or will be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
D. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Grantee is hereby prohibited from using
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
E. If this Agreement is for more than$100,000,and if any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the Grantee shall complete and submit Attachment H, Standard Form-
LLL,"Disclosure of Lobbying Activities"(attached hereto and made a part hereof,if applicable),
in accordance with the instructions. If this Agreement is for less than $100,000, this Attachment
shall not be required and shall be intentionally excluded from this Agreement.
F. In accordance with Section 216.347, F.S, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the State of Florida Legislature,the judicial
branch or a state agency.Further,in accordance with Section 11.062,F.S.,no state funds,exclusive
of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any
executive,judicial,or quasi-judicial department shall be used by any state employee or other person
for lobbying purposes.
DEP Agreement No.:LW651,Page 13 of 21
LWCF FY16-17
17. COMPLIANCE WITH LAW:
A. The Grantee shall comply with all applicable federal, state and local rules and regulations in
performing under this Agreement. The Grantee acknowledges that this requirement includes,but is
not limited to, compliance with all applicable federal, state and local health and safety rules and
regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result
of this Agreement.
B. Projects receiving federal funding must comply with the National Environmental Policy Act
(NEPA), which provides a framework for environmental analyses, reviews, and consultations.
NEPA's process"umbrella" covers a Project compliance with all pertinent federal environmental
laws. To facilitate and document the NEPA process, the LWCF Proposal Description and
Environmental Screening Form (PD/ESF) was completed and submitted as part of the approved
LWCF application to the NPS. The ESF administratively documents a Categorical Exclusion(CE)
recommendation or the necessity of further environmental review through an Environmental
Assessment (EA) or Environmental Impact Statement (EIS), as necessary. NPS will conduct an
independent review of the PD/ESF and determine the appropriate action. When applicable, the
Grantee will coordinate with the Department to ensure the Project's compliance with NEPA, and
appropriate documentation of such compliance will be maintained by both Parties.
18. NOTICE:
All notices and written communication between the Parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service,or delivered in person.Notices shall be considered delivered when reflected by an
electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt, or when
receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to
the Parties at the addresses identified under Paragraph 19.
19. CONTACTS:
The Department's Grant Manager(which may also be referred to as the Department's Project Manager)at
the time of execution for this Agreement is:
Tamika Bass or Successor
Community Assistance Consultant
Florida Department of Environmental Protection
Office of Operations
Land and Recreation Grants Section
3900 Commonwealth Boulevard,MS#585
Tallahassee,Florida 32399-3000
Telephone No.: 850-245-2501
E-mail Address: Tamika.Bass@dep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is:
Mr.James Kinzler or Successor
Assistant City Manager
City of Clermont
685 W.Montrose Street
Clermont,FL 34711
Telephone No.: 352-241-7339
Fax No.: 352-394-4087
E-mail Address: Jkinzler@clermontfl.org
DEP Agreement No.:LW651,Page 14 of 21
LWCF_FY16-17
In the event the Department's or the Grantee's Grant Manager changes,written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to Paragraph 3.C.should include the updated Grant Manager information
20. INSURANCE:
A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee.This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement,whether such work is performed by the Grantee,any sub-grantee,
or Grantee's contractors. Such insurance shall include the State of Florida and the Department,as
Additional Insureds for the entire length of the Agreement.
B. Coverage may be by private insurance or self-insurance.The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. If the Grantee is self-insured for any category of
insurance, then the Grantee shall provide documentation that warrants and represents that it is
self-insured for said insurance, appropriate and allowable under Florida law, and that such self-
insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.The Grantee shall notify the Department's Grant Manager within ten(10)calendar days
of any cancellation of insurance or coverage,change in insurance provider,or change in coverage
limits. In the event of such changes,the Grantee shall provide documentation of required coverage
to the Department's Grant Manager concurrent with such notification.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any subgrant or
subcontract issued for the performance of the work specified under this Agreement, unless such
subgrant or subcontractor employees are covered by the protection afforded by the Grantee.
i. Workers'Compensation Insurance is required for all employees connected with the work
of this Project. Any self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department,for the protection of its employees not otherwise protected.
ii. Commercial General Liability Insurance is required,including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability Insurance is required, for all claims which may arise
from the services and/or operations under this Agreement, whether such services and/or
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company-
Owned Vehicles,if applicable
$300,000 Hired and Non-owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water,including
but not limited to Jones Act,Longshoreman's and Harbormaster's,or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. Questions concerning required
DEP Agreement No.:LW651,Page 15 of 21
LWCF FY16-17
coverage should be directed to the U.S. Department of Labor
(http://www.dol.gov/owcp/dlhwc/Iscontac.htm)or to the parties'insurance carrier.
21. CONFLICT OF INTEREST:
Pursuant to 2 CFR § 200.112,the Grantee covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance of services required.
22. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs
unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
23. EQUIPMENT:
Reimbursement for direct or indirect equipment purchases is not authorized under the terms and conditions
of this Agreement.
24. QUALITY ASSURANCE REQUIREMENTS:
If the Grantee's Project involves environmentally-related measurements or data generation,the Grantee shall
develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet Project objectives and
to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses
performed under this Agreement must conform with the requirements set forth in Chapter 62-160,F.A.C.,as
may be amended from time to time,and the Quality Assurance Requirements for Department Agreements,
attached hereto and made part hereof as Attachment I,Quality Assurance Requirements for Contracts
and Grants, if applicable. If the Project does not involve environmentally-related measurements or data
generation,this Attachment shall not be required and shall be intentionally excluded.
25. DISCRIMINATION:
A. No person,on the grounds of race,creed,color,religion,national origin,age,gender,or disability,
shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section
287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work,may not submit bids on leases of real property to a public entity,may not
award or perform work as a contractor, supplier, subcontractor,or consultant under contract with
any public entity,and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and posts the list
on its website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services,Office of Supplier Diversity,at(850)487-0915.
C. Grantee agrees to comply with the Americans with Disabilities Act(42 USC § 12101,et seg.),
where applicable,which prohibits discrimination by public and private entities on the basis of
disability in the areas of employment, public accommodations, transportation, state and local
government services,and in telecommunications.
D. Grantee must identify any products that may be used or adapted for use by visually-impaired,
hearing-impaired or other physically-impaired individuals.
DEP Agreement No.:LW651,Page 16 of 21
LWCF FY16-17
E. Pursuant to 36 CFR § 59.4, Section 6(0(8) of the Land and Water Conservation Fund Act
prohibits discrimination on the basis of residence, including preferential reservation or
membership systems,except to the extent that reasonable differences in admission and other
fees may be maintained on such basis.This prohibition applies to both regularly scheduled
and special events. Fees charged to nonresidents cannot exceed twice that charged to
residents. When there is no charge for residents but a fee is charged to nonresidents,
nonresident fees cannot exceed fees charged for residents at comparable State or local
facilities. Reservation, membership, or annual permit systems available to residents must
also be available to nonresidents and the period of availability must be the same for both
residents and nonresidents. The Grantee is prohibited from providing residents the option
of purchasing annual or daily permits while at the same time restricting nonresidents to the
purchase of annual permits only.Nonresident fishing and hunting license fees are excluded
from these requirements.
26. DEBARMENT/SUSPENSION:
In accordance with Presidential Executive Order 12549, Debarment and Suspension (2 CFR Part 180 and
Part 1400),the Grantee agrees and certifies that neither it,nor its principals,is presently debarred,suspended,
proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by
any Federal Department or agency; and, that the Grantee shall certify before entering into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by the National Park Service to the
Department. The prospective lower tier participant shall certify it is not excluded or disqualified by, (a)
Checking SAM Exclusions; or(b) Collecting a certification from that person; or(c) Adding a clause or a
condition to the covered transaction with that person,and such prospective participant shall attach an
explanation to this Agreement. The Grantee shall include the language of this section in all subcontracts or
lower tier agreements executed to support the Grantee's work under this Agreement.
27. COPYRIGHT,PATENT AND TRADEMARK:
The NPS and the Department, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use,and to authorize others to use,for government purposes:
A. The copyright in any work developed under a grant,subgrant,or contract under a grant or subgrant.
B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with
grant support.
28. LAND ACOUISITION:
Land acquisition,where title to land acquired with LWCF funds vests in a Grantee, is not authorized under
the terms of this Agreement.
29. SITE DEDICATION:
The interest in land developed or acquired by the Grantee with LWCF funds shall be subject to the site
dedication requirements set forth in Chapter 62D-5,F.A.C.and of the LWCF Act,specifically section 6(0(3),
as codified in 36 CFR§ 59.3. Pursuant to the LWCF Act and general requirements of the LWCF Program,
land owned by the Grantee, which is developed or acquired with LWCF funds, shall be dedicated in
perpetuity as an outdoor recreation site for the use and benefit of the public. Land which is leased from the
federal government or another public agency by Grantee,must include safeguards to ensure the perpetual use
requirement contained in the LWCF Act. Safeguards include such things as joint sponsorship of the Project
or an agreement between the Parties that the lessor would assume compliance responsibility for the Project
site in the event of default by the lessee(Grantee)or termination or expiration of the lease.These dedications
DEP Agreement No.:LW651,Page 17 of 21
LWCF_FYI 6-17
must be recorded in the county's public property records by the Grantee.
30. PHYSICAL ACCESS AND INSPECTION:
Department personnel shall be given access to and may observe and inspect work being performed under this
Agreement,including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;and
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
31. CONVERSION:
This Project site acquired and/or developed with LWCF assistance shall be retained and used for public
outdoor recreation.This Project site so acquired and/or developed shall not be wholly or partly converted to
other than public outdoor recreation uses without the written approval of the NPS pursuant to the conversion
provisions of Section 6(0(3)of the LWCF Act,36 CFR Part 59,the LWCF Manual and all other applicable
regulations.Any and all conversion provisions and guidelines apply to each area or facility for which LWCF
assistance is obtained, regardless of the extent of participation of the Project in the assisted area or facility
and consistent with the contractual agreement between USDOI,NPS and the State of Florida.
Should Grantee convert all or part of the Project site to other than public outdoor recreational uses, the
Grantee shall replace the area,facilities,resource or Project site at its own expense with an acceptable project
of comparable or greater value, scope and quality pursuant to LWCF mandates. All conversions require
amendments to the original Project agreement(36 CFR§59.3(c)).Therefore,amendment requests should be
submitted concurrently with conversion requests. Project boundary maps shall be submitted with the
amendment request to identify the changes to the original area caused by the proposed conversion and to
establish a new Project area pursuant to the substitution. Once conversion has been approved,replacement
property should be immediately acquired. When it is not possible for replacement property to be acquired
immediately, an express commitment to satisfy Section 6(0(3) substitution requirements with a specified
period, normally not to exceed one(1)year following conversion approval, is required. This commitment
will be in the form of an amendment to the original Agreement.
32. CONTRACT PROVISIONS AND REGULATIONS:
The Grantee agrees to comply with,and include as appropriate in subcontracts and subgrants,the provisions
contained in Attachment J,Contract Provisions for DOI-Funded Agreements,attached hereto and made
a part hereof.
33. PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records Law under Chapter 119,F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Subsection 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119,F.S.,and Article 1,Section 24(a),Florida Constitution.
DEP Agreement No.:LW651,Page 18 of 21
LWCF_FYI6-17
•
C. If Grantee meets the definition of"Contractor" found in Paragraph I19.0701(1)(a), F.S.; [i.e., an
individual, partnership,corporation,or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency],then the following requirements apply:
i. Pursuant to Section 119.0701,F.S.,a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public records to the Department within a reasonable time,the Grantee may be
subject to penalties under Section 119.10,F.S.
ii. Upon request from the Department's custodian of public records,Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119,F.S.,or as otherwise provided by law.
iii. Grantee shall identify and ensure that all public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by law for the duration of the Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records.All records that are stored electronically must be provided to the
Department, upon request from the Department's custodian of public records,in a format
that is accessible by and compatible with the information technology systems of the
Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245-2118, by email at
public.services@dep.state.fl.us, or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
DEP Agreement No.:LW651,Page 19 of 21
LWCF_FYI6-17
34. TERMINATION FALSE CERTIFICATION,SCRUTINIZED COMPANIES,BOYCOTTING:
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,
F.S. In addition, Grantee agrees to observe the requirements of Section 287.135,F.S., for applicable sub-
agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,
F.S.,the Department may immediately terminate this Agreement for cause if the Grantee,its affiliates,or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of the Agreement. As provided in Subsection 287.135(8),F.S.,if federal law ceases
to authorize these contracting prohibitions then they shall become inoperative.
35. EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts,each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the
party executing(or on whose behalf such signature is executed)with the same force and effect as if such
facsimile or".pdf'signature page were an original thereof.
36. SEVERABILITY CLAUSE:
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law,but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon County,Florida.
37. ENTIRE AGREEMENT:
This Agreement represents the entire agreement of the Parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing,duly signed by each of the Parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.:LW651,Page 20 of 21
LWCF FY16-17
IN WITNESS WHEREOF,the Parties have caused this Agreement to be duly executed,the day and year
last written below.
CITY OF CLERMONT STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
i�1 A �..�/ By: 4
By: IV'Pe04".°C..."--
Signature of Person Autho ed to Sign Secretary or designee
CLQ /L.,dshl /11(1.11' Ganf £lark Dt' Se ry'
Print Name and Title Print Natne and Titld 1
Date:/ fy a3 J a� Date: CO I ?iU I 1 1
Address;•
' Attest: �1/ ACI4 '
• By: �ei�1/Se ./brafic
•
"FEID No.:59-6000290.,
Pr
_For—Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution,statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment A Project Work Plan(3 Pages)
Attachment B Commencement Documentation Checklist—DRP-122
http://www.dep,state.Fl.us/Parks/OIRS/FORMS%202015%2OREVISED/LWCF%202015%2OREVISED/LWCF CommencemeniDocumentationChecklist FormDRP-122.pdf
Attachment C Payment Request Summary Form—DRP-115
http://www.dep_state.fl-us/Parks/OIRS/FORM S%202015%2OREV ISED/PAYMENT%2OREOUEST%20SUMMARY%20FORM%ZONE W,pdf
Attachment D Contract Payment Requirements(1 Page)
Attachment E Project Status Report Form—DRP-109
http://www.dep.state-fl.us/Parks/OIRS/FORMS%202015%2OREV ISED/STATUS%2OREPORT.pdf
Attachment F Project Completion Certification—DRP-126
http://www_deo-state.fl.us/Parks/OIRS/FORMS%202015%2OREVISED/LWCF%202015%2OREVISED/LWCF ProiectCompletionCenification FormDRP-126.pdf
Attachment G Special Audit Requirements(5 Pages)
Attachment H Disclosure of Lobbying Activities(2 Pages)
Attachment I Attachment Intentionally Excluded)
Attachment J Contract Provisions for DOI-Funded Agreements(5 Pages)
DEP Agreement No.:LW651,Page 21 of 21
LWCF FYI6-17
- pcC C) C '- c -0 = >,,
v, ,.0 0 o c 0
Cl.
. a) 0 " 0 � 3 ¢
cC L. y— =0 .= s 0'bA O .Y0UUh Cr 3cCi" O ia0 i cCI.- - °
- - o o o u, -0 ac � V L
•a 4,5 .4:9
.)• = w c sa 'o ac) E o O
5 " 0 • =a. N o. E s a.U
ao E c 0 0 > y 0 s y o
cc a) cd �+_ O 1 U O a)
•Y a� Tao • O. 3 U v
*i..- .SLI ° c• saw ri •vaEi � °o
U a) a) y vUi i s L y ••--,Z
OA w co 7 = ,0 2 O TOL ..
•° .0s Cd ° Q Eo v v COo
7 U 'fl C y cC `-'.4 t ent O, 0 - a+ CO
al a) 0 7 Cl T a) r = E C cC .
> = O '0 c�C 0 s Oa -0 00 -- v7i
a) D U v
O •«, O 0 w s 4, C N
�+ - cC
L y c • .0 cC '01 a) ccl
Ll U V, t-
«, s P.
Q a) aN C) CO O .= F~ „a)
Iv.
CL • •-� a)
E cm E v, o 0 4; o Etu
3 L. —o •) L. C o 0 C)
w •c • ^- cC w O a) C co• '
V COO s = Q O C) CL =
O oaY cza Ec E oi. U
CD �
Y
Cg s c E= cs 0 o r. o E g3
U
C 3 •.CO ..a.' >s 04Ate = = ,c " oc Ys a ¢ c
d, aw3 - ,n ca- c° U = i � c = E _ s �cse
Z ZYw3 �1 -cam„, ,_ EFS- •aL ~ la. EO•
Q, ,� 5 .a E ., a) v a� C7 >
0 ,� ° .c •- 0 0 .- a) c c y cC
x d' 3 U — � Y � s Ca A D S cz ... vC• o .=
N L c P. 0 Q)
V a � w o E � 00 Y •> w 3w ct E � o .c
F � Z 03 CW `O o .0A � ¢ c y -C .E
QOz = gees, Loa` _ o ca E `° 0r To
C4 O •CI* Cd 0 cL° tu •o e" 0 -0 ;16 >, '-' E - c0 . C. y
°" ° .E o c° o .. o. ca 4U �
W s
Y ami COa ow °" C c ct o • E
F" 3 o •a a� _ �' -0 — iC ..v .3 cd
• C O O gel ._ yC_, U C cn 0 0 L cC Y o
-o E 1 . • cu
W- ? )no 00 o E. u ^ °' c a ` R. CcoL
c 7 u, . C) a) r- W ° w D c o a=i o o e
Aa >, E a� i ° i ami o L a) r+- _ E o co o ¢_
.• O O c > 0 `� 0. v, v '0 tL O O O
_ O �, — Q v, 7 ° O cC < 0 O co O o U
▪ V y > U N c y N N O cC
k. « _• E y o _ .c :;Ia. Q -0• y o Q
E 4, •
C c a) L Q„ cC cC N cC U .0 .5 � •• «. .,
p .0 O a) n' .. co 'e O O a) y ..4 O C C:
VD
H '0 .c Cd 0 0
TaS a °qo-= coEJZ E ' wu, „ w d E 0 ''
Q 0 0 c 7 . a� a� Q o
°' is ., = E oq w = 0 • c C .aU N .o s U o
E .E 0 yc� a L.
• CO Q d L E
CL) ^o c c a) .c a, a) 4, = s c O m e .. G. v--
= Q E _ N o y o o .E cs° = L. y L e y �n
cs a v .� = a=i E o s 0 = CC) o coo V `�' w o Q ,
a 0 < Ea E a'� � b Y E W W�
A g c° a Q A ` a 1E Y a. G o 5 7 a.
it) NCL) € CZ s F ir. a o Gi Es- 14 � cce � 4c-. F
•i•-• ate. w � � y .0
Y
vi w-• 6. 6) Cdt .— 0E =
3
C E h03 • c E
Y
as S .0 N .0 .4 y.` y Gin
O ate, Y N C .n `. O Cd V
C c d
3 •CE O m EC O cC c CU H CG CU Y pycV
_ a . c ? ,
as EE -v - ,-
c ) . ° cc
wE a) ya) veesn3 E oG a0
° a ..c .7.,
a) v oo i •
s .c.-c . z c� E. 3 2 c
i.
y
g° C c.0 C
0.
a c a) i. r.. En a)
., C�' y 17 Z.
Y a0i
0pp \p a) ° oA
A 000 [4 < a) +_-' <
0 O
•
• N c a)
C LA
COC
O O c O 0 C s _o al C Y
U 0 8 .c c• Y E E x � w� o ) «'-0 .c ° v% O a .� .c. a .
O a 0w " ' 3 O. = E °E o = = csv
cE.= Cp .;n :c0 0 U ° °) a) Y 0p m
a _ 0 ` 22 •
acE g -0 -t. ., c• c c woon0 LZ et ,,--0 ca.._ O O ¢ O r ) C d
. I-, *CT c Yaw L L o C > ) .f t.'
5 c }
.c 0Y cA." u
o 4- E EO• 0r -o Qo E n c c,/) ••°
• c E cH =3 M" aE y " E N a
m ° ai n ai c
.o 'o" � a o = a. a)ai o a:"c" > - ;0 o E0sm0'oEu) o o.. CTaro 0 ai o
o ED EZ o cs_ - 2 ."-
'V °?
y oO4 ) ‘E... =
3 .c:
E 0U o �° a. -' •oU E L c � NaEA• E- 0 c C0 y ) � 4. p O N ,= ) >, C
C.
o° v 'bE.o i ,..t..= _454.--' a¢ a) o a
°c= 0c0 "o_ [ Oyw s r. y- _ i k. c y ai
� EnN•'n U H � �_, ° ` cU ." ' . 0 Ekn c S a
el 0 N >> y N y }' Y NU .- N y� � C L .0 CA '= v,
'a °. a `. caE 0Q. + E x 0
0 c• ° .8 = 4 Eoa 5 = b
g 03 '77
0 0
` " OCI E s. � o ' ,L)) 3E ) c Y "d .. a = aY:
o "o c..,
64 00- Ccpo a) a o ' a. W g c c _ 0 ° 0 < ..7 _ o
v .o
0 ¢ ••=c1' U Cl. . -a y > 13 Y' > L �- - • ` L.
= N
Jc E Y � a) c C7 a E (7 Y -pv O c,Otea)
"0 > O0),a � o ° 'o ° p._ ' `O E a) � 0Ov . L . to,Q. vs � sp A ' ° N O0.,A F-' 2 C.) ,-4 LC CA 0. a. = 4 .E p. CI i N "C U E- `cC C[. Q M .5 P.4.-
•":C.'
o t O O C
L1
a .a.
E•
3 ' ° nct sL = . u is Eae aty
A aO cQ E fl aoH - c °sN O.a) �, E ) O ° 3 oNco 1- •Eo �"
0 in
U.o on ti=
.e
03 aY crs.E c = o p.L p E a. o a �]
, 3 - u . p,, ° C1, o^
t co
3 E8 U a) CI. L v) oac) o E • s 'v E .. o '� a•- 0. Z°,
E •c H C .c4 0 O c ' ccs C O v c 0 cn y :r > cd oG
`o o U c E = >,0 = c E " w y 4.'ca c° ;� ..e a- '5 "E o f �1 ac)
E
d 4U- O ° '[' C E c�Ld N •3 a) O y ° `° 'ea O V E m 0 ,.j c .,
o O ' u, = .n Q c=, o _ EUS = `• e_ +`•, cU 0 ria w o ;?-
ato 2
c) C o E_- = ° cc -°v V0Y . •= E - EC EU ¢ v ° d
y Q in C C U U
0 E o c. o ..n° ci- c s 0 v, c 0 E to.
•v w E , o.° 'p o c 'o o •9• v a
0 0 '0 Q U — Q QOCI c., v) • " a) a) — 3s a) LI. a. 3
a) O 0 •a '7 4 c N a) c ...' a) a)• i,i
ci) � O c • • • • s o•5 0.E C? 0 a � o = .0 • • • • •
L• a a°) s E. Q •e4 :a a3, z..c 00 o v
N c9' ti'U .8 F N 3 Z0. i N0 .E
•
8 s� 'o 3 c >,o a-a0
CI
�
as'... L.
C_
c
0p c O # N 0
a) a) 03
4343 L N L U
c,C ' cd U W pip
c c E t..„ iC
L
v, E c a) C C
qe. a) ` •O
N . ch E C c; -t
° IC E � i ..°' c " s 0 E > O o ° c
•- 0 c4 C E 'a C-
N
cC C N .Oes a� a
LC4-. alE:-C.. -a c .�
a)
•.- y c c•.- .a a, 0
Y c°po a. ..0 M Y
3 cca o •CUi apps c M
U.c. d N c ' V .D N
� •
O
0.0.c., ,. O .cw . aE +' t a) Oc
U d = ai c a ) Nc
' E .. c� •o ami
> co • C. a) y es >
a. cv �Z:•a- O cC 'y
ai 0 .. •E z .. F- U
• � ,E E opo .L
E � o At a
' >' a' E Oa
• ..> CE as , • rE.:7'�
O N .- c .c E cLd c C
s 0 11 , 1-. „ F•.
ct N . O.c N
N 0,C. a c0• .o .o
y = Q. c a) t ti .0
y c.• tea C 0.
0 ...• y fn ,y. O .i-
•3 c . c :3
ap 3 ?
ATTACHMENT D
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary,travel,expenses,etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits,then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds,the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code,regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02,Florida Statutes,for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadir/reference_guide.htm
DEP Agreement No.:LW651,Attachment D,Page 1 of 1
LWCF FYI6-17
• ATTACHMENT G
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP"or"Grantor", or other name in the contract/agreement)to the recipient(which
may be referred to as the "Contractor", Grantee"or other name in the contract/agreement)may be subject to audits
and/or monitoring by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below), monitoring procedures may include,but not
be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§ 200.330
(for fiscal year start dates after December 26,2014).
1. In the event that the recipient expends$500,000($750,000 for fiscal year start dates after December
26,2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-
specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and
2 CFR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through
the Department of Environmental Protection by this Agreement.In determining the Federal awards
expended in its fiscal year, the recipient shall consider all sources of Federal awards, including
Federal resources received from the Department of Environmental Protection. The determination
of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F.An audit of the recipient conducted
by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,and
2 CFR Part 200,Subpart F,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-
133,as revised,and 2 CFR Part 200,Subpart F.
3. If the recipient expends less than $500,000 (or$750,000, as applicable) in Federal awards in its
fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised,and 2 CFR Part 200,Subpart F,is not required. In the event that the recipient expends less
than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR
Part 200, Subpart F the cost of the audit must be paid from non-Federal resources(i.e.,the cost of
such an audit must be paid from recipient resources obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance
(CFDA)via the Internet at www.cfda.2ov
DEP Agreement No.LW651,Attachment G,Page 1 of 5
LWCF FY 16-17
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the
recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit
conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must
be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
2 CFR Part 200,Subpart F and required by PART 1 of this Attachment shall be submitted,when required by
Section .320 (d),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,by or on behalf of the
recipient directly to each of the following:
DEP Agreement No.LW651,Attachment G,Page 2 of 5
LWCF FY16-17
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §
200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,as
revised, and 2 CFR § 200.501(a) should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised,and 2 CFR§200.512.
2. Pursuant to Section .320(f),OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,the recipient
shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAud it(a,dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
DEP Agreement No.LW651,Attachment G,Page 3 of 5
LWCF_FY 16.17
Electronically:
FDEPSingleAudit(a,dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART Ill of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit(2 dep.state.fl.us
5. Any reports,management letters,or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133,as revised,and 2 CFR Part 200,Subpart F,Florida Statutes,or Chapters 10.550(local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as
applicable.
6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General,should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of 5 years from the date the audit report is issued,and shall allow the Department of Environmental Protection,or its
designee,Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall ensure
that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief
Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,
unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LW651,Attachment G,Page 4 of 5
LWCF FY 16-17
i
c.°
•Y
a� •c° o o a� i° o 0C o 0 i
cal CA ov E o o 4 d e
' 2aaU oU 0. c ac
Q c# Q Q ca o
E ..
413
Y tu
Y d 1 E "
E 0 C a To E 1A 2 p .0 .00 a
Q c 1. Q N Q c o E' UY
c G 'C C .C C co.. 0 • 'O
a7 _ > C
69 L c V c (N M •>1
CP a) 0 T
LL. w° w u, -v cG
4.1 w — w °
Tt 73
I. uc et D o c .-
C.7..
=
ci f. ag c Q .1
O a' .D °taim o :° U
a E c w
O.
w
._ sw
o o
E • y 0a cE
>-‘• a.)> .2
C4 •-
E- ov �
E- c � a ad c F s L
o ? o ti' 3 n •9
L/, w33 vo y =
a
O o H •N O C '�, C U c -Op y L
rx,i— 120
cn a) Q a. Lz <
LT. •c .°3 cd c
a=+ 0 U O 0 - 'C C iC
Z C U w r E
-■ O. y 0'3 w U 4. w e s c
I U D O O
'Vl -.Com.
ie co y c',-,Q
CO
V a) cd O O E v) O
x CLW aa, 00 U U ` U -
W E OO .E 12' y w U U
0 a, c E .E v) E c c
. Q 0 a . a) ` U Z o
Q .-S ,...-
.r. Q 0Q
F y s s 30
,
0 _ >,.? O_
al
H I ;r }, E c U
z o - c c 0 e cd To 0 'E �`s '�
Q ` U z U y c O
0. a 0 ` u. s U ...I1 a,
OD
0. as ++ •w O o c 0.
z °' c as a, n. ou
a) •a) Z.
.C. a o a C7
-o c
p-.., �y o.c d �, a a) = a)
U - a0i o.:0 (. -acci CL U c )
C OA
a) pp a) O a; ca ._ V
oC .r Q � y Q wCA 0 •
= 0
1.3 To. .E ` . w i° ° cno ° D d
F et dat d c y y 3 un
O 3 a. A cc S. r�.0 0 ❑.ea Y y 3
0 � • a3 Q � � o .a
acz
z 1 d E ^ � z
as cn
Q � _ � o o °= E
Q , ':° , � c E d es � w a) as � acedy
• � -o °qE � � g � � E 0.' ts- o4E s � Y t
ci ° c ` 2! ay' [i o o o `n o o c s Q
R ..,,,,., a Z O Q y a z • a z 33 o a w
LT. v1 8 3 L w�
ATTACHMENT H
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2.Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan Year _quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name
p Prime 0 Subawardee and Address of Prime:
Tier , if known:
Congressional District, if known: 4c Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9.Award Amount, if known:
10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
(if individual, last name, first name, Ml): different from No. 10a)
(last name, first name, Ml):
11.Information requested through this form is authorized by title 31 U.S.C.section Signature:
1352. This disdosure of lobbying activities is a material representation of fad g
upon which reliance was placed by the tier above when this transaction was made or
entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information Print Name:
will be available for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than$10,000 and not more Title:
than$100,000 for each such failure.
Telephone No.: Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL(Rev.7-97)
PRINT
DEP Agreement No.LW651,Attachment H,Page 1 of 2
LWCF FY16-17
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of
a covered Federal action;or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required
for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of
any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with a
coveredFederal action.Complete allitems that apply for both the initial filing and material change report.Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identifythe appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported,enter
the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification
of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee
of the prime is the 1st tier.Subawardsiniclude but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal
recipient.Include Congressional District'if known.
6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational level below agency name,if known.For
example,Department of Transportation)United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance
I .
(CFDA)number for grants,cooperative agreements,loans,and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number;
Invitation for Bid (IFB) number;grant announcement number; the contract,grant, or loan award number; the application/proposal control number
assigned by the Federal agency).Include prefixes,e.g.,'RFP=DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the indiwidual(s)performing services,and include full address if different from 10(a).Enter Last Name,
First Name,and Middle Initial(M1).
11. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
Accordingto the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid.OMB control number for this information collection is OMB No. 0348-0046. Public reporting
burden for this collection of information Is estimated to average,10 minutes per response, including time for reviewing instructions,
searchingexisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding the burden estimate or:any Other.aspect of this collection of information,including suggestions for reducing this
DEP Agreement No. LW651,Attachment H,Page 2 of 2
L WCF_FY 16-17
ATTACHMENT J
Contract Provisions for DOI-Funded Agreements
The Department, as a recipient, shall comply with the following provisions. The Department, as a pass-
through entity,requires all subrecipients,including lower tier subrecipients,under the award to comply with
the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part
200), and all associated terms and conditions. Grantees must include these requirements in all related
subcontracts and/or sub-awards.
For the purposes of this Attachment, the terms "Contractor" shall mean "Grantee" and/or"Recipient" and
"Contract"shall mean"Agreement."
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative,Contractual,and Legal Remedies
The following provision is required if the Contract is for more than $150,000. In addition to any of the
remedies described in the elsewhere in the Contract, if the Contractor materially fails to comply with the
terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable
to this Contract,the Recipient may take one or more of the following actions.
i. Temporarily withhold payments pending correction of the deficiency by the
Contractor.
ii. Disallow(that is,deny both use of funds and any applicable matching credit for)
all or part of the cost of the activity or action not in compliance.
iii. Wholly or partly suspend or terminate this Contract.
iv. Take other remedies that may be legally available.
The remedies identified above, do not preclude the Contractor from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689.
The Recipient shall have the right to demand a refund,either in whole or part,of the funds provided to the
Contractor for noncompliance with the terms of this Contract.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed in the Standard Terms and Conditions of the
Contract.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of"federally assisted construction
contract"as defined by 41 CFR Part 60-1.3:
During the performance of this Contract,the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for employment because
of race,color,religion,sex,sexual orientation,gender identity,or national origin.
The Contractor will take affirmative action to ensure that applicants are employed,and
that employees are treated during employment without regard to their race,color,religion,sex,
sexual orientation,gender identity,or national origin.Such action shall include,but not be limited
to the following:
a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided setting
forth the provisions of this nondiscrimination clause.
B. The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of
the Contractor,state that all qualified applicants will receive consideration for employment
without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin.
C. The Contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired
about,discussed,or disclosed the compensation of the employee or applicant or
another employee or applicant.This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or applicants as
a part of such employee's essential job functions discloses the compensation of such
other employees or applicants to individuals who do not otherwise have access to such
DEP Agreement No.LW651,Attachment H,Page 1 of 5
LWCF_FYI6-17
information,unless such disclosure is in response to a formal complaint or charge, in furtherance
of an investigation,proceeding,hearing,or action,including an investigation conducted by the
employer,or is consistent with the Contractor's legal duty to furnish information.
D. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding,a notice to be provided
advising the said labor union or workers'representatives of the Contractor's commitments under
this section,and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
E. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules,regulations,and relevant orders of the Secretary of Labor.
F. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant
thereto,and will permit access to his books,records,and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations,and orders.
G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,
terminated,or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
H. The Contractor will include the portion of the sentence immediately preceding paragraph(1)and
the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless
exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon
each subcontractor or vendor.The Contractor will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance.
4. Davis Bacon Act
If the Contract is a prime construction contract in excess of$2,000 awarded by the Recipient,and if
required by the Federal Legislation,the Contractor must comply with the Davis-Bacon Act(40 U.S.C.
3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In
accordance with the statute,contractors must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,
contractors must pay wages not less than once a week. The contractor must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part
3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be
prohibited from inducing,by any means,any person employed in the construction,completion,or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable,if the Contract is in excess of$100,000 and involves the employment of mechanics or
laborers,the Contractor must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of
Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work
in excess of the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence.
DEP Agreement No.LW651,Attachment J,Page 2 of 5
LWCF_FY 16-17(Rev.4-11-17)
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties,assignment or performance of experimental,developmental,or
research work under that"funding agreement,"the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing
regulations issued by the awarding agency.
7. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387)
If the Contract is in excess of$150,000,the Contractor shall comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution
Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding
Agency and the Regional Office of the Environmental Protection Agency(EPA).
8. Debarment and Suspension(Executive Orders 12549 and 12689)
The Contractor certifies that it is not listed on the governmentwide exclusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment
and Suspension."
9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
The Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.The Contract shall
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award.
10. Procurement of Recovered Materials
The Recipient and its Contractors must comply with Section 6002 of the Solid Waste Disposal Act,as
amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
11. General Federal Regulations
Grantees shall comply with the regulations listed in 2 CFR 200 and 48 CFR 31.
12. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing
regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175)
Grantees,their employees,subrecipients under this award,and subrecipients'employees may not:
i.Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii.Procure a commercial sex act during the period of time that the award is in effect;or
iii. Use forced labor in the performance of the award or subawards under the award.
14.Section 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)
Grantees must comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973(P.L.93-234),if applicable. This act requires recipients in a special flood hazard area
to participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is$10,000 or more.
15.Water Resources Reform and Development Act(WRRDA)P.L. 113-121
Grantees must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121,if
applicable.This act provides for improvements to the rivers and harbors of the United States,to provide for
the conservation and development of water and related resources.
16.Whistleblower Protection
Grantees shall comply with U.S.C. § 4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14,2016 has been permanently extended(Public Law(P.L.) 114-261).
(a)This award, related subawards, and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
DEP Agreement No.LW651,Attachment J,Page 3 of 5
LWCF_FYI6-17(Rev.4-11-17)
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by
section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239).
(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce,of the employee whistleblower rights and protections under
41 U.S.C.4712.
(c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award;best efforts should be made
to include this clause,including this paragraph(c)in any subwards and contracts awarded prior to
the effective date of this provision.
17.Notification of Termination(2 CFR§ 200.340)
In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Grantee's or subcontractor's material failure to comply with Federal
statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall
be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,
accessible through System for Award Management(SAM)currently the Federal Awardee Performance and
Integrity Information System (FAPIIS). The Recipient will notify the Grantee of the termination and the
Federal requirement to report the termination in FAPIIS. See 2 CFR§ 200.340 for the requirements of the
notice and the Grantee's rights upon termination and following termination.
COMPLIANCE WITH ASSURANCES
18.Assurances
Grantees shall comply with any and all applicable assurances made by the Department or the Grantee to the
Federal Government during the Grant application process.
DEPARTMENT OF INTERIOR-SPECIFIC
19.Department of Interior(DOI)General Terms and Conditions
Grantees shall comply with DOI General Terms and Conditions available at
https://www.doi.gov/pam/programs/financial assistance/TermsandConditions, and incorporated by
reference.
20.DOI Regulations
Grantees shall comply with the following regulations:2 CFR 1400-1402,43 CFR 9,43 CFR 17,43 CFR 18,
43 CFR 41,and 43 CFR 44.
21.Drug-Free Workplace
Grantees must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific
requirements set forth in Title 2 CFR Part 1401. Additionally, in accordance with these regulations, the
recipients must identify all known workplaces under its federal awards, and keep this information on file
during the performance of the award.
22.Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable,Grantee shall comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(P.L.91-646)to provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
23.Deposit of Publications Produced under Grants
Pursuant to Departmental Manual 505 DM4 (DOI) and Service Manual FWl (USFWS), any grant or
cooperative agreement that will produce a publication(other than those listed as exceptions) must provide
two copies of each publication to the Department of Interior's Natural Resources Library. For a list of
exceptions,transmittal requirements,and delivery information see Departmental Manual 505 DM 4,Deposit
of Publications Produced under Grants at:http://elips.doi.gov/ELIPS/DocView.aspx?id=1671.
UNITED STATES FISH& WILDLIFE SERVICE-SPECIFIC
24.USFWS Financial Assistance Award Terms and Conditions
Grantees shall comply with the USFWS Financial Assistance Award Terms and Conditions Effective
January 6,2017,or later,available at https://www.fws.gov/grants/atc.html,and incorporated by reference.
DEP Agreement No.LW651,Attachment J,Page 4 of 5
LW CF_FY 16-17(Rev.4-11.17)
NATIONAL PARKS SERVICE LAND AND WATER CONSERVATION FUND STATE
ASSISTANCE PROGRAM-SPECIFIC
25 Land and Water Conservation`Fund(LWCF)Project Agreement General Provisions
•
Grantees shall comply with the LWCF Project Agreement General Provisions available at
https://www. ps.gov/ncrc/programs/Iwcf/pub.htm and incorporated by reference.
26.LWCF Federal Financial Assistance Manual
As applicable,Grantees shall comply'•with the LWCF Federal Financial Assistance Manual Effective
October 1,2008,or later,available-at https://www.nps.gov/ncrc/programs/Iwcf/pub.htm,and incorporated
by reference.
27.Historic Preservation.
As applicable,Grantee shall comply with Section 106 of the National Historic Preservation Act of 1966,as
amended (16U.S.C. 470),.E O:' 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LW651,Attachment J,Page 5 of 5
LWCF_FY16-17(Rev.4-11-17)
Rick
`as
Departe Florida Department of
Governor
')" Environmental Protection
Carlos Lopez-Canters
Marjory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
0 Tallahassee, Florida 32399-3000 Noah Valenstein
'''ental p' Secretary
June 29, 2017
Mr.James Kinzler
Assistant City Manager
City of Clermont
685 W. Montrose Street
Clermont,FL 34711
Re: Victory Pointe
LWCF Project No. 12-00651
Dear Mr. Kinzler:
The attached contains the fully executed grant agreement for the above referenced project.
Moreover,please visit our website at:
http://dep.state.fl.us/lands/Land and_Recreation/Land_Recreation.htm,to read and familiarize
yourself with the LWCF Manual,the LWCF Florida Administrative Rule,the required
Commencement Documentation Checklist,as well as the Project Status Report Form.
In addition,the Reimbursement Schedules and the Project Completion Documentation Checklist
can be found on our website when that time approaches.
This information has been provided for your review, as it will be extremely helpful and ensure
compliance with the administrative requirements of this grant.
Reminders:
1. Construction or acquisition cannot begin until all project commencement documentation
has been submitted and approved by this office.This process should be completed
by_12/28/2017; again the commencement checklist and other forms may be found at
http://dep.state.fl.us/lands/Landand Recreation/Land Recreation.htm under LWCF
Administrative Forms.
1. Quarterly status reports are required-January 5,May 5,and September 5.Please be
sure to summarize work accomplished,problems encountered(if any), and provided color
photographs of development progression and the final as-built product.
2. The Department will not process your reimbursements request until the Grantee completes
the project and staff reviews and approves all Completion Documentation.
www.dep.state.fl.us
Mr. James Kinzler
Page Two
June 29, 2017
3. The project should be completed before the completion date set forth in the grant
agreement(6/28/2020)and all reimbursement requests and closeout documents submitted
within thirty days after completion.
5. If the project cannot be completed on time, a written request for an extension
should be submitted at least sixty(60) days prior to the completion date. Please
state the reason for the extension and the additional time needed to complete the
project.
If you have any questions,please contact our office at(850) 245-2501. We look forward
to working with you on this project.
Sincerely,
703....&j.?4,4_____—
Tamika Bass
Community Assistant Consultant
Land and Recreation Grants Section
Office of Operations
Mail Station#585
www.dep.statefl.us